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Enviado: 04 December 2018
This blog post examines the second of two recent post ENRC decisions on litigation privilege.
This blog post examines the first of two recent post ENRC decisions on litigation privilege.
Enviado: 21 November 2018
Now the fuss over the decision in SFO v ENRC decision has died down, it is worth focussing on comments the Court of Appeal made about the interplay between privilege and Deferred Prosecution Agreements (DPAs).
Última revisión: 19 September 2018 / Enviado: 01 May 2018
The Divisional Court has added support to the proposition that litigation privilege is not available in a criminal context until the prosecution authorities have decided actually to prosecute.
Enviado: 21 August 2018
This post looks at a recent decision which highlights concerns that the threshold required to be reached to invoke the exception is being weakened.
Enviado: 01 March 2018
This blog post considers the common interest privilege issues arising out of the judgment of Andrew Smith J in Accident Exchange Ltd & Anor v McLean & Ors.
Enviado: 02 February 2018
This blog post considers the situation where evidence is sought from a potential witness who owes a duty of confidentiality to another.
Enviado: 29 January 2018
This blog post looks at Accident Exchange Ltd & Anor v McLean & Ors  EWHC 23 (Comm) which examines the crime-fraud exception to privilege in the context of a major motor credit hire fraud.
Enviado: 15 January 2018
This blog post examines a recent US case on waiver of privilege the facts of which would, if repeated before an English Court, quite probably lead to a similar decision.
Última revisión: 10 October 2017 / Enviado: 18 July 2017
ENRC and RBS Rights Issue Litigation: where are we now?
14 Dec 2018
Insurers need to be mindful of the risk of breaking the law when making payments in respect of extortion threats.
13 Dec 2018
This is the third and final blog post in our series on JCT contracts and insolvency, this time looking at the issues around terminating the contractor’s employment in the event of insolvency.
In a recent decision the First-tier Tribunal (Tax Chamber) ruled that a novel demand by HMRC for certain records retained for Anti-Money Laundering purposes was not lawful because of the way those records were structured.
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